N.J. Admin. Code § 13:54-3.9

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:54-3.9 - Conditions of issuance of license; revocation

(a) ll licenses issued pursuant to this subchapter shall be subject to the following conditions, the breach of any of which may result in license revocation after notice and hearing by the issuing court, upon the application of the Superintendent or any law enforcement officer.

1. The business shall be carried on only in the building or buildings designated in the license, provided that repairs may be made by the dealer or his employees outside of such premises.

2. The license or a copy certified by the issuing authority shall be displayed at all times in a conspicuous place on the business premises where it can be easily read.

3. No firearm, ammunition or imitation thereof shall be placed in any window or in any other part of the premises where it can be readily seen from the outside.

4. No rifle or shotgun, except antique rifles or shotguns, shall be delivered to any person, other than a licensed or registered retail or wholesale dealer or manufacturer, or a law enforcement agency as provided in this chapter, unless such person possesses and exhibits a valid firearms purchaser identification card and furnishes to the seller, on form S.P. 634, a certification signed by him or her setting forth his or her name, permanent address, firearms purchaser identification card number, and such other information as the Superintendent may require. The certification shall be retained by the dealer and shall be made available for inspection by any law enforcement officer at any reasonable time.

5. No handgun shall be delivered to any person, other than a licensed or registered retail or wholesale dealer or manufacturer, or a law enforcement agency as provided by this chapter, unless:

i. Such person possesses and exhibits a valid permit to purchase a handgun and at least seven days have elapsed since the date of application for the permit;

ii. The person is personally known to the seller or presents evidence of his or her identity;

iii. The handgun is unloaded and securely wrapped; and

iv. The handgun is accompanied by a trigger lock or a locked case, gun box, container or other secure facility, provided, however, this provision shall not apply to antique handguns. The exemption afforded under this subparagraph for antique handguns shall be narrowly construed, limited solely to the requirements set forth in this subparagraph and shall not be deemed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in Chapter 39 and Chapter 58 of Title 2C of the New Jersey statutes.

6. The dealer shall keep a true record of every firearm sold, given or otherwise delivered or disposed of and the record shall note that a trigger lock, locked case, gun box, container or other secure facility was delivered along with the handgun, in accordance with the provisions of 2C:58-2(a)(6) and 2C:58-2(b) through (e). The dealer shall:

i. Complete and keep a form of register, which is part of the permit to purchase a handgun (designated SP-671) for each handgun sold and obtain the information sought by the form of register and obtain the signature and address of the purchaser in the purchaser's own handwriting;

ii. Complete in a legible manner the permit to purchase a handgun in the space provided on the form;

iii. Forward the permit to purchase a handgun and form of register copies to the respective individuals, as noted on the forms, within five days of the date of sale. If the issuing authority is the State Police, both the original and the second copy of the permit to purchase and the form of register are to be forwarded to the State Police; and

iv. Retain the form of register and make it available for inspection by any law enforcement officer at reasonable hours.

7. The license holder shall continue to qualify for the issuance of a permit to purchase a handgun or firearms purchaser identification card and shall not pose a danger to the public health, safety or welfare.

8. The dealer shall comply with any other conditions regulating retail dealers as provided in this chapter.

9. The dealer shall continue to comply with local zoning requirements.

(b) Any person having knowledge that a person licensed pursuant to this chapter has violated any of the foregoing conditions or is otherwise unqualified to hold a license pursuant to the requirements of this chapter, may notify any law enforcement officer, who shall in turn notify the Superintendent, who may take such action as may be deemed appropriate.

N.J. Admin. Code § 13:54-3.9

Amended by47 N.J.R. 1328(a), effective 6/15/2015